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(영문) 대전고등법원 2020.02.12 2019노384
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the Defendant, as a part of the victim’s fraternity, protects the victim so that they can grow up happy and safe, and even if we need to look at, it is more likely that the sexual crime of this case is committed against the victim in the house where safety should be ensured than any other place, and the nature of the crime is not good and the possibility of criticism is high.

The victim seems to have suffered a considerable sense of sexual humiliation and mental suffering due to the instant case, and it seems to have a good impact on the formation of a sound sexual value center in the future.

Nevertheless, the defendant did not properly reflect the court of the court below until the court of the court below.

However, when the defendant was in the trial, the defendant shows his attitude to reflect on his criminal conduct.

The defendant does not want to punish the defendant, and the spouse of the defendant, who is the mother of the victim, also wishes to take the action against the defendant.

The defendant shall support five children, including the spouse and the victim.

A defendant has no record of being punished for the same kind of crime or fine.

In addition, considering the various circumstances, such as the defendant's age, family relation, character and conduct, environment, the process and result of the crime of this case, the circumstances after the crime, etc., the sentence of the court below is considered to be unfair.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【The reasons for the judgment of the court which was written] The facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, are 'the summary of the evidence'.

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